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Show METHODS OF APPROPRIATING WATER OF WATERCOURSES 353 If completion of a reservoir project in Arizona within a reasonable time does not appear probable, the administrative agency may, on application of the secondary permittee, permit him joint occupancy and use under the primary permit to the extent deemed advisable. The applicant must pay to the primary permittee a pro rata portion of the total cost of the works.635 In a Nevada permit to appropriate water that is to be stored for subsequent irrigation use, reservoir evaporation losses are taken into consideration in determining the acre-footage of storage to be allowed. This is in addition to the factors which the State Engineer must take into account in issuing permits for direct-irrigation rights.636 An Oregon enactment in 1961 provides for a single application for stock ponds or other small reservoirs in which diversion from the reservoir is not contem- plated and there is no requirement for continuous flow through the pond.637 An article in the Wyoming water rights statute is devoted to reservoirs, storage of water, and storage water rights. A large part of this legislation was enacted in 1903.638 One of the many provisions declares that by contrast with direct flow rights, reservoir water and rights acquired under reservoir permits and adjudications do not attach to particular lands except by deed or other sufficient instrument of conveyance executed by reservoir owners. Except when so attached, reservoir water and water rights may be sold, leased, transferred, and used for beneficial purposes in such manner and on such lands as the owners desire. Water may be withdrawn for beneficial use by those enti- tled to it at such times as they may elect.639 This provision, which was enacted in 1921, changed the previous rule established in 1909. That rule provided that no water rights (whether direct flow or storage rights) could be detached from the land for which the water was acquired without loss of priority.640 Questions relating to primary and secondary permits in Wyoming were involved in litigation in the supreme court late in the 1950's.641 This was an action for adjudication of ownership of a reservoir and water rights therein. Controlling questions related to appurtenance of the reservoir and rights to certain lands at the time they were mortgaged, and passing of title when the mortgage was foreclosed. So far as the present discussion is concerned, two points may be noted: (1) From a careful reading of the statutes in the light of the rather involved facts, the supreme court was convinced that the primary permit contemplates 635 Ariz. Rev. Stat. Ann. § 45-151(C) (1956). 636Nev. Rev. Stat. § 533.070(2) (Supp. 1967). 637Oreg. Laws 1961, ch. 187, Rev. Stat. § 537.300(2) (Supp. 1969). 638 Wyo. Laws 1903, ch. 69, Stat. Ann. § 41-26 et seq. (1957). 639Wyo. Stat. Ann. § 41-37 (1957). 640Wyo. Laws 1909, ch. 68; Laws 1921, ch. 141. See Condict\.Ryan,79 Wyo. 231, 233, 335 Pac. (2d) 792 (1959); Sturgeon v. Brooks, 73 Wyo. 436, 453-457, 281 Pac. (2d) 675 (1955). M1Condict v. Ryan, 79 Wyo. 211, 225-230, 333 Pac. (2d) 684 (1958), rehearing denied, 79 Wyo. 231, 234-235, 335 Pac. (2d) 792 (1959). 450-486 O - 72 - 25 |